ECHP - applying from an independent school?

[Assistanceneeded]

My child has auditory processing disorder. They wear a hearing aid in class, with the teacher wearing a roger pen. They are academically able with this support but I understand that APD is classed as both a physical disability and a learning disability. They have slow processing and have been assessed under the JCQ guidelines to get extra time in exams.

in the main we have funded most of this ourselves due to waiting lists - so both the hearing aid and the assessments etc. they are at an independent school which manages the situation very well, so my child has not fallen behind in a way that apparently is common for those with undiagnosed APD.

it is going to be hard for us to manage to cover the VAT on school fees, so we are now asking to go on nhs waiting lists again etc so that the next hearing aid is covered. I keep hearing that pupils with echps may be exempt from vat, and that there are long waiting lists for these applications so I wanted to find out more about them. Would my child meet the criteria for one? If we apply for one whilst in an independent school, it is possible just to have it noted that the criteria is met - there is obviously no way that I would expect the school to be named as the only school suitable, although in reality small class sizes are needed to minimise background noise. I’m struggling to find much helpful online , would be grateful for any help.

Yes, I know. I did say ‘if needed’ but I should have said ‘notionally’. In reality it often means that there is a wrangle with the school over any additional funding as the LA disputes what the support the child needs will cost the school.

Understood, thank you everyone for the generous sharing of advice and information - we have not previously thought about navigating this route so this is all new to us!

Don’t forget the current government has blamed ‘sharp-elbowed middle class’ parents for the current crisis in provision, as they are the ones most often forcing the local authorities to fulfil their statutory duties to their children.

See also the outrage over school transport costs, with lots of people outraged at taxis costing £80 a day. Because kids have to travel far and wide to access education because there aren’t enough places.

Just to clarify that the £6k is a nominal allowance per head x the number of SEN children a particular school would be expected to have based on the statistics for their area, type of school etc

It is NOT a budget per individual child, often differs significantly from the actual SEN situation of the school and as a matter of fact, those monies have been top sliced over the last few years to subsidise general school budgets. So it may not even be notionally there...

OP, you will receive conflicting and contradictory information. Unfortunately the SEN situation is in such a muddle, under so much stress and so area dependent, that people in authority will say untrue/inaccurate things to you or even lie, and there is a heck of a lot of misinformation floating about.

I found it was worthwhile to read the SEN Code 2014 myself. This is the actual law the SENDIST tribunal are applying when LA decisions are challenged. Parents win around 95% of the tribunals (most unrepresented) so you can see there is a great deal of playing fast and loose!

The part of the Code I relied on was that my DC was making less than average progress despite an unusually high level of support and resources. SENDIST agreed. That was relatively straightforward for me to evidence because of our £5k spend plus the higher spend per child, higher staff to student ratio etc of the independent school.

@Phineyj thank you, I will go back to the legislation and work from there.

I should say that I am no lawyer but if you have a good level of education, a level head with bureaucracy, and a reasonable amount of time, SEN paperwork is not difficult. It's frustrating, upsetting (because you have to keep banging on about your child's difficulties) and time-consuming, but it's not overly difficult if you avail yourself of e.g. the IPSEA how-to guides and letter templates.

Would definitely agree. If you can quote from the SEN Code at tribunal and evidence your points in support, it’s a massive advantage.

Thank you both!

Don't want to piss on your chips OP and I don't know your child's history but your priority seems to be avoiding VAT rather than meeting your child's needs whilst they are experiencing crisis. All parents of SN DC I have interacted with go through this awful process because there is no alternative and they are desperate.

DS1 has APD (diagnosed by GOSH). Plus ASD, ADD, SPD chronic anxiety that led to selective mutism and Tourette's. Still turned down for assessment. Appealed, assessed, final appealed at tribunal. Specialist indi awarded but failed at 15. Now housebound at 23 and I am full time carer.

Maybe you don't realise how severe those turned down are if you think avoiding VAT for a thriving child will cut the mustard?

Just to add my ten pence worth, OP. My son has ASD, inattentive ADHD and numerous related bits and bobs having been born 4 months early. He has had an EHCP or equivalent since age 4, so when his mainstream infant school placement went horribly wrong we went to an independent school and had evidence that he needed smaller, quieter classes etc. His school fees weren’t paid by the LA, but the costs of his 1:1 support were fully funded (albeit after a big bust-up with them). A couple of other students had full fees paid by the LA in addition to their 1:1 support. My son’s needs were significant enough than in Y6 he moved to an independent special school which is fully funded by the LA.

Do take the very good advice given on this thread already. I think you may find it tricky to prove that your child’s needs can only be met by your current school if you don’t have experience of a state school to compare it with - but it’s absolutely worth trying. I agree with others that getting an assessment/report from a private educational psychologist would be a good start.

That sounds really difficult @PocketSand. I'm sorry that that was the outcome and that you and your son didn't get the help you needed when you needed it.

I didn't read the OP as her trying to avoid VAT though. More, recognising that a bill she already pays is likely going to get more expensive and that's going to put pressure on other things she's already voluntarily paid for like hearing aids.

I mean, I didn't go into all this expecting to have to pay thousands for loads of stuff that really shouldn't have been paid for by us personally, either. Nor to end up with what feels like an additional unpaid job doing paperwork.

My best friend emigrated before she had her kids and it's been astonishing to witness how much better over the years paediatrics has been there (another European country, social insurance system).

I’m going to chip in with a tiny nugget of advice: get everything in writing. If you do talk to someone from your LA on the phone, make notes and email them your recollection of the conversation. It has unfortunately been my experience that recollections may vary…

And yes, be prepared to be turned down for a needs assessment. My child has ASD and enormous delays in every area that were clearly evidenced. Still got turned down as ‘not severe enough’. My experience has been that my LA does not care and just wants to save money.

Good luck, OP.

@PocketSand as @Phineyj says that sounds really difficult and I’m sorry your child was failed.

however my child (diagnosed by a specialist as well regarded as GOSH) is thriving because of the thousands I am currently paying for both hearing aids, support and school fees plus a lot of support at home. As @Phineyj says if that cost becomes unmanageable for us due to the tipping point of adding VAT, I don’t think it’s unreasonable to explore ways for us to save cash on things like we are paying for personally such as Roger systems or if we need to go to the maintained sector if we can get a plan to allow my child to thrive.

Because the changes which are coming are likely to mean the steps I have currently put in place to allow my child to thrive cannot continue.

So it feels fairly offensive for you to say I am not focused on my child thriving and am just trying to minimise VAT when the VAT itself will mean I need to make a different plan to allow my child to thrive. I have not whinged about it or said that it’s unfair, but equally I am allowed to investigate what my child is entitled to under the system, as all children are.

Thanks to all those who have given recommendations as to what to read up on so that I know what the rules are, and can work out then if my child is eligible or not.

A far more measured response than I would have mustered @Assistanceneeded

i think parents of children with send are far more likely to stretch and put themselves in vulnerable positions fee-wise, alongside a whole host of other costly interventions, which is why VAT will hit us harder. My child was struggling and I could afford the more supportive private school, the therapy sessions and the independent assessments, so I paid for things I could have had for free rather than wait years while my child deteriorated. It is entirely the right thing to get as much as your child is entitled to, and also prudent to plan ahead and get your ducks in a row EHCP-wise in case you have to switch back to state

Thank you @Labraradabrador . That is kind of you to say that

Well said.